Discrimination Age Discrimination in Employment Act

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
News & Analysis as of

Employment Law - Oct 2014 #3

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

What Employers Don’t Know about Applicants Using Social Media Can’t Hurt Them.

An interview conducted earlier this year with Senior Trial Attorney Edward Loughlin of the Equal Employment Opportunity Commission (“EEOC”), who is charged with prosecuting employers for violations of Title VII, and the like,...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

EEOC Dragged Through Texas Roadhouse

In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more

HiLine Electric to Pay $210,000 to Settle EEOC Age Discrimination Suit

Industrial Supply Business Used Age Criterion in Hiring and Recruitment Practices, Federal Agency Charged - DALLAS - HiLine Electric Co., a Dallas-based industrial supply business, will pay $210,000 and furnish other...more

Age Discrimination In Employment

The combined effects of an aging population and a sluggish economy have led to an increase in lawsuits alleging age bias in the workplace. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the...more

AGENCY ACTION: EEOC: Trolling for plaintiffs

It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s...more

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

Do Recent Events Impact Your Discrimination and Harassment Training?

You’ve probably already heard about President Obama’s executive order banning anti-LGBT workplace discrimination. The question is, how will it impact you and your organization? Have you heard that the EEOC recently...more

Federal Contractors Beware – Part 3

Federal contractors beware. More changes are coming your way, again. On July 31, 2014, President Obama issued an executive order titled the “Fair Pay and Safe Workplaces Executive Order”. First, the order requires companies...more

Protection from Sexual-Orientation Discrimination in Pennsylvania

In Whitewood v. Wolf, a federal judge struck down a Pennsylvania law that limited the definition of marriage to that between “one man and one woman.” In his momentous opinion, Judge Jones also declared that classifications...more

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

EEOC Sues Allegheny County Court of Common Pleas for Age Discrimination

Court Fired 70-Year-Old Employee Because of Age, Federal Agency Charges - PITTSBURGH - The Court of Common Pleas of Allegheny County, Fifth Judicial District of Pennsylvania, violated federal law by firing an employee...more

Bobby Dodd Institute to Pay $40,000 to Settle EEOC Age Discrimination Suit

Federal Agency Charged Institute Revoked Job Offers Because of Age - ATLANTA - Bobby Dodd Institute, Inc. of Atlanta, an organization that provides employment opportunities to disabled individuals, will pay $40,000 and...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 28: The Older Workers Benefit Protection...

In 1990, Congress amended the Age Discrimination in Employment Act (ADEA, prohibiting age discrimination for workers 40 and older) to add rules regarding the waiver of the right to sue under the ADEA. Unlike Title VII, where...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 23: After-Acquired Evidence

“You did what? If I Hadn’t Already Fired You, I’d Fire You Now!” What if? This is the question that has followed Title VII since its inception: how do you apply this revolutionary (yet seemingly straightforward) prohibition...more

Houston City Council Passes City's First Anti-Discrimination in Private Employment Ordinance

On May 28, 2014, the Houston City Council passed the city's first ordinance to ban discrimination in private workplaces, and to expand the types of prohibited discrimination for employers subject to this ordinance, as noted...more

EEOC Roundup

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 6: In 1967, Congress Prohibits Age...

The 1964 enactment of Title VII was a watershed moment in workplace civil rights, but the new law was selective in its protections. Workers were protected from discrimination based on race, sex and religion, for example, but...more

Ninth Circuit Reverses District Court’s Refusal To Certify Age Discrimination Class

The most famous, if fictional, San Francisco police Inspector was, of course, Inspector Harry Callahan of the Dirty Harry succession of Clint Eastwood films. The first Dirty Harry movie came out in 1971when its star, known...more

Social Media: Friend or Foe?

Social media can be a powerful tool for employers when facing litigation, but it can also expose employers to liability when used to make employment decisions, especially when it comes to hiring new employees. For example,...more

EEOC Roundup (January 2014)

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Can You Avoid a Series of “Mini-Trials” At Trial? The Fifth Circuit Says Yes by Limiting Testimony About Bias Against Co-Workers

Recently the Fifth Circuit Court of Appeals approved the limitations that a trial court placed on an employee’s testimony about how his co-workers were victimized by a “pattern or practice” of age discrimination. The worker...more

Fenwick Employment Brief - January 2014

EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit - In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more

New Jersey Appellate Division Holds Age Discrimination Plaintiff Need Not Show She Was Replaced Or Her Employer Sought A...

The New Jersey Appellate Division recently held that in an age discrimination case, the fourth element of the plaintiff’s prima facie burden—that plaintiff was replaced (or the employer sought a replacement) by someone...more

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